Himanshu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20812 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== HIMANSHU RAJ S/o Prem Kumar Verma @ Prem Kumar Resident of Village- Bakhatpur, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 324, 325, 307 and 504 of the Indian Penal Code read with Sections 25(1-b)a, 35, 37(ii) and 27 of the Arms Act.

The case was registered against three accused persons by name, including the petitioner, and six unknown for firing upon the prosecution party approximately 10 rounds and after committing the occurrence some accused managed to escape but the petitioner along with Shivam was apprehended. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and from bare perusal of the allegation as alleged in the F.I.R. it would manifest that no

Patna High Court CR. MISC. No.20812 of 2022(2) dt.16-06-2022 2/2 person was injured nor the informant or any other person received any gunshot injury, it is next submitted that from perusal of the seizure list it would manifest that a country-made pistol along with cartridge was found from the possession of Shivam. Learned counsel further submits that the petitioner was not arrested by the police rather he was handed over by the people who had apprehended him but still nothing was recovered from his possession.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is in custody since 02.01.2022, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Phulwariya P.S. Case No. 1 of 2022.

(Satyavrat Verma, J) Rishi/- U T